[HISTORY: Adopted by the Village Board of the Village of
Wales at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
This chapter is adopted pursuant to the authorization in §§ 61.35
and 61.353, Wis. Stats.
Uncontrolled use of shorelands and pollution of the navigable
waters of the municipality would adversely affect the public health,
safety, convenience, and general welfare and impair the tax base.
The Legislature of Wisconsin has delegated responsibility to all municipalities
to:
A.
Promote the public health, safety, convenience and general welfare;
B.
Limit certain land use activities detrimental to shorelands; and
C.
Preserve shore cover and natural beauty by controlling the location
of structures in shoreland areas and restricting the removal of natural
shoreland vegetation.
The use of shorelands within the shoreland area of the municipality
shall be in full compliance with the terms of this chapter and other
applicable local, state or federal regulations. All permitted development
shall require the issuance of a zoning permit unless otherwise expressly
excluded by a provision of this chapter.
Unless specifically exempted by law, all cities, villages, towns,
and counties are required to comply with this chapter and obtain all
necessary permits. State agencies are required to comply if § 13.48(13),
Wis. Stats., applies.
A.
This chapter supersedes all the provisions of any other applicable
municipal ordinance, except that where another municipal ordinance
is more restrictive than this chapter, that ordinance shall continue
in full force and effect to the extent of the greater restrictions,
but not otherwise.
B.
This chapter is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall
prevail.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the municipality and shall not be deemed a limitation
or repeal of any other powers granted by the Wisconsin Statutes or
Wisconsin Constitution.
The shoreland zoning district regulations apply only to the
following shorelands:
A.
A shoreland that was annexed by the Village of Wales after May 7,
1982, and that prior to annexation was subject to a county shoreland
zoning ordinance under § 59.692, Wis. Stats.; and
B.
A shoreland that before incorporation by the Village of Wales was
part of a town that was subject to a county shoreland zoning ordinance
under § 59.692, Wis. Stats., if the date of incorporation
was after April 30, 1994.
A.
The shoreland district areas regulated by this chapter shall include
all the lands (referred to herein as "shorelands") in the Village
of Wales that are:
(1)
Within
1,000 feet of the ordinary high-water mark of navigable lakes, ponds
or flowages. Lakes, ponds or flowages shall be presumed to be navigable
if they are listed in the Wisconsin Department of Natural Resources
(DNR) Surface Water Data viewer, available on the DNR website, or
are shown on United States Geological Survey quadrangle maps or other
zoning base maps.
(2)
Within
300 feet of the ordinary high-water mark of navigable rivers or streams,
or to the landward side of the floodplain, whichever distance is greater.
Rivers and streams shall be presumed to be navigable if they are designated
as continuous waterways or intermittent waterways on United States
Geological Survey quadrangle maps. Flood hazard boundary maps, flood
insurance rate maps, flood boundary-floodway maps, county soil survey
maps or other existing county floodplain zoning maps shall be used
to delineate floodplain areas.
B.
Determinations of navigability and ordinary high-water mark location
shall initially be made by the Zoning Administrator. When questions
arise, the Zoning Administrator shall contact the appropriate district
office of the Wisconsin Department of Natural Resources for a final
determination of navigability or ordinary high-water mark.
C.
Pursuant to § 61.353(7), Wis. Stats., the shoreland zoning
district does not include lands adjacent to an artificially constructed
drainage ditch, pond, or retention basin if the drainage ditch, pond
or retention basin is not hydrologically connected to a natural navigable
water body.
The lands within the shoreland zoning district are subject to
all applicable provisions of the Village of Wales Municipal Code.
Where the provisions of this chapter are more restrictive than other
regulations in the Municipal Code, the provisions of this chapter
shall apply.
A.
All principal buildings shall be set back at least 50 feet from the
ordinary high-water mark.
B.
Adjustment of shore yards. A setback less than that required by Subsection A may be allowed if all of the following apply:
(1)
The principal building is constructed or placed on a lot or parcel
of land that is immediately adjacent on each side to a lot or parcel
of land containing a principal building; and
(2)
The principal building is constructed or placed within a distance
equal to the average setback of the principal building on the adjacent
lots or 35 feet from the ordinary high-water mark, whichever distance
is greater.
Pursuant to § 61.353(3), Wis. Stats., a landowner
must maintain a vegetative buffer zone, as follows:
A.
A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in Subsection B.
B.
If the vegetation in a vegetative buffer zone contains invasive species
or dead or diseased vegetation, the owner of the shoreland property
may remove the vegetation, except that if the owner removes all of
the vegetation in the vegetative buffer zone, the owner shall establish
a vegetative buffer zone with new vegetation.
C.
A person who is required to maintain or establish a vegetative buffer zone under Subsection A may remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and extends no more than 35 feet inland from the ordinary high-water mark.
As used in this chapter, the following terms shall have the
meanings indicated:
The main building or structure on a single lot or parcel
of land and includes any attached garage or attached porch.
Has the meaning given in § 59.692(1)(b), Wis. Stats.
Has the meaning given in § 59.692(1)(bn), Wis.
Stats.
